California Court of Appeal

Reset A A Font size: Print

Copenbarger v. Morris Cerullo World Evangelism, G046273

Order granting defendant's special motion to strike plaintiff's complaint for declaratory relief and breach of contract pursuant to the anti-SLAPP statute, and awarding attorney's fees to defendants, are reversed, where: 1) while defendant's three-day notice to plaintiff to cure or quit, might have triggered plaintiff's complaint, the evidence in the record demonstrates the complaint was based on an underlying dispute over plaintiff's repair and maintenance obligations under the sublease and other unprotected activities; and thus, 2) plaintiff's complaint was not based on defendants' protected activity within the meaning of the anti-SLAPP statute.

Appellate Information

  • Decided 04/30/2013
  • Published 04/30/2013

Judges

  • FYBEL

Court

  • California Court of Appeal

Counsel